1987/01/13City Hall, Anaheim, California - COUNCIL MINUTES - January 13, 1987, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT
ABSENT:
VACANCY
PRESENT
COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay
COUNCIL MEMBERS: None
COUNCIL MEMBERS: One
CITY MANAGER: William O. Talley
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
INTERGOVERNMENTAL RELATIONS OFFICER: William Sell
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Bay called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the
Invocation.
FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was
unanimously adopted by the City Council and presented to Mr. Leo Freedman on
the occasion of the opening of the Freedman Forum, a 2,300 seat theatre
independently financed and built by Mr. Freedman. The Resolution further
commends Mr. Freedman for his outstanding accomplishments and personal
commitment to the Anaheim community and County of Orange.
Mayor Bay and Council Members personally congratulated Mr. Freedman.
Mr. Leo Freedman stated he was grateful and appreciative of the honor which he
felt did not belong to him alone but to everyone in City government, the
Redevelopment Agency and all those in the theatre backstage and front who
played a part in helping to bring the theatre into existence.
119: PRESENTATION - RALPH CLARK: Mayor Bay, on behalf of the Council and the
City first expressed thanks and appreciation for Mr. Clark's many
contributions to the City of Anaheim as well as to the County of Orange in his
16 year tenure as a Supervisor of the 4th District. As tokens of
appreciation, Mayor Bay presented Mr. Clark with a clock and a lifetime pass
to the City's Golf Courses.
Mr. Ralph Clark, accompanied by his wife Beverly, thanked everyone for their
support over the years. The City Council of Anaheim has been outstanding in
the years he has served on the Board. He emphasized how important it is that
government entities work closely together. He is extremely proud to be a
citizen of Anaheim and this is where he is going to stay. In concluding, Mr.
Clark commended City staff, a great City Manager and City Attorney. The City
could not have a better government than in Anaheim.
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City Hall~ Anaheim, California - COUNCIL MINUTES - January 13~ 1987, 10:00 A.M.
Mayor Bay then announced that a short recess was going to be held so that the
Council would have an opportunity to speak with Mr. Clark as well as all those
present for the occasion. A large cake was then presented decorated with
items signifying important events in Anaheim's history. Ail were invited to
participate.
RECESS: By general consent the Council recessed for 20 minutes. (10:28 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (One Vacancy). (10:50 a.m.)
MINUTES: Councilman Bay moved to approve the minutes of the regular meetings
held December 16 and the special meeting of December 22, 1986 and that the
minutes of the regular meeting of December 30, 1986 be held over for approval
in one week. Councilwoman Kaywood seconded the motion. (One Vacancy).
MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. One Vacancy. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,065,462.61, in
accordance with the 1986-87 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Pickler
offered Resolution Nos. 87R-6 through 87R-9, both inclusive, for adoption.
Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Lawrence Weitzel for property damage sustained
purportedly due to actions of the City on or about September 24, 1986.
b. Claim submitted by Vincent Cosmo Taormina for property damage
sustained purportedly due to actions of the City on or about October 24, 1986.
c. Claim submitted by Fran Joann Lubarsky for personal injury sustained
purportedly due to actions of the City on or about August 18, 1986.
d. Claim submitted by Laurine Terry for property damage sustained
purportedly due to actions of the City on or about November 16, 1986.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 13, 1987, 10:00 A.M.
e. Claim submitted by Mory Sabokbar for property damage sustained
purportedly due to actions of the City on or about October 29, 1986.
f. Claim submitted by Donald J. Brewster for bodily injury sustained
purportedly due to actions of the City on or about October 14, 1986.
g. Claim submitted by James D. Carman for property damage sustained
purportedly due to actions of the City on or about November 18, 1986.
h. Claim submitted by Maria Padilla for bodily injury sustained
purportedly due to actions of the City on or about September 26, 1986.
i. Claim submitted by Hunt-Cot Inc. for indemnity for lawsuit, sustained
purportedly due to actions of the City on or about March 17, 1986.
J. Claim submitted by Sherry Kay Lane for equitable indemnity/partial
equitable indemnity and contribution for lawsuit, sustained purportedly due to
actions of the City on or about June 7, 1985.
k. Claim submitted by George Donzella Jr. for bodily injury sustained
purportedly due to actions of the City on or about October 12, i986.
1. Claim submitted by Nancy Golding for bodily injury sustained
purportedly due to actions of the City on or about July 26, 1986.
m. Claim submitted by Lynnie M. McNemar for Richard Jankowski for bodily
injury sustained purportedly due to actions of the City on or about
September 27, 1986.
n. Claim submitted by William P. McGuinness Sr. for property damage
sustained purportedly due to actions of the City on or about November 16, 1986.
o. Claim submitted by Szabo Food Services, Inc. for indemnity for
lawsuit, sustained purportedly due to actions of the City on or about May 23,
1985.
Claims filed against the City - Recommended to be Accepted:
p. Claim submitted by George Stengel ~or property damage sustained
purportedly due to actions of the City on or about October 24, 1986.
q. Claim submitted by James A. Sowa for property damage sustained
purportedly due to actions of the City on or about December 4, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 156: Police Department--Third Quarter Crime Analysis, 1986.
3. 108: Approving an application for a Public Dance Hall Permit submitted by
Peggy Marie Clem for The Trails West, 3244 West Lincoln, to hold dances on
Thursday, Friday and Saturday, from 9:00 p.m. to 2:00 a.m., in accordance with
the recommendations of the Chief of Police.
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City Hall, Anaheim, California - COUNCIL MINUTES - January 13, 1987, 10:00 A.M.
4. 123: Authorizing an agreement with Hugo A. Vazquez and Thakor L. Desai,
to provide 1 one-bedroom unit and 9 two-bedroom units as affordable rental
units in a 46 unit multifamily apartment project to be located at 2230 West
Lincoln Avenue.
5. 123: Authorizing the Second Amendment to Land Disposition and Development
Agreement with Western National Partners, VIII to substitute another
partnership from Western National Partners VIII to Sage Park and an Affordable
Development Agreement with Sage Park, Ltd. Partnership, to provide 25% of
completed units as affordable rental units in a proposed 100-unit senior
citizen complex at 730-810 North Loara Street, effective December 1, 1986 for
a term of 30 years.
6. 123: Authorizing the First Amendment to Agreement with Airborne Systems,
Inc., for aerial photographs of Anaheim, increasing the cost by $4,016.64 for
a new total not to exceed $48,960.64, to provide additional photographs.
7. 170/123: Approving a reimbursement agreement with Boulevard Development,
Inc. for special water facilities, relating to Tract No. 10969 in the Anaheim
Hills area.
8. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $10,566.08 for a color
video projector and interface devices necessary for projecting screen images
from computer terminal output, in accordance with Bid No. A-4400.
9. 181: RESOLUTION NO. 87R-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Finding and
determining that public convenience and necessity require the construction and
completion of the Anaheim Museum Rehabilitation, 241 South Anaheim Boulevard,
Account No. 82-362-6327-00001; and opening of bids on February 19, 1987,
2:00 p.m.
10. 169: RESOLUTION NO. 87R-7: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINAI~LY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK.
(BROADWAY STREET AND STORM DRAIN IMPROVEMENT) (Accepting the completion of
construction o~ Broadway ~treet and Storm Drain Improvement, Broadvtew Street
to Empire Street, Account Nos. 12-791-6325-E1460 and 51-484-6993-00732, John
T. Malloy, contractor, and authorizing filing of the Notice of Completion
therefor)
11. 176: RESOLUTION NO. 87R-8: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANb, HEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS
AND SERVICE EASEMENTS. (86-4A) (Declaring intent to abandon a portion of an
alley north of Center Street, west of Philadelphia Street, Abandonment No.
86-4A, and setting a date for the public hearing therefor - suggested date:
February 10, 1987, 1:30 p.m.)
12. 158: RESOLUTION NO. 87R-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN
REAL PROPERTIES OR INTERESTS THEREIN.
36
Ctt~ Hall~ Anaheim, California - COUNCIL MINUTES - January 13, 1987, 10:00 A.M.
Roll Call Vote on Resolution Nos. 87R-6 through 87-9:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Resolution Nos. 87R-6 through 87-9, both inclusive, duly
passed and adopted.
End of Consent Calendar. One Vacancy. MOTION CARRIED.
114: CITY OF LAGUNA BEACH - INTENTION TO CREATE AN OCEANIC PARK/NATIONAL
PRESERVE: City of Laguna Beach Resolution No. 86-56 declaring the intention
to create an oceanic park/national preserve (The area perpendicular to the
northernmost and southernmost points of Santa Catalina Island to the coast of
Orange County. See letter dated January 5, 1987 from Neil Fitzpatrick Mayor
of Laguna Beach.
Councilwoman Kaywood stated it was interesting that the States of Texas,
Louisiana and Alaska are suffering because they have stopped oil production.
To destroy the coastline of Orange County which is a national treasure makes
no sense whatsoever. She proposed a resolution of support in Laguna's attempt
to have the United States Congress designate the subject area as a National
Oceanic Park to protect the coast of Orange County.
Mayor Bay was not certain of his position with regard to the matter since he
did not know whether or not it involved the whole issue of offshore drilling,
reserves, etc. He probably will be able to support the resolution if a
decision is delayed for one week to give him an opportunity to review the
matter in greater depth.
MOTION: Councilwoman Kaywood moved to continue her proposed resolution of
support designating the subject area as a National Oceanic Park for two weeks
for a full Council. Councilman Pickler seconded the motion. One Vacancy.
MOTION CARRTRD.
178: ORANGE COUNTY WATER DISTRICT (OCWD) REPORT - 1986: Receive and file the
0CW0 Report for 1986 prepared and submitted by Mr. Gus Lenain, the City's
representative on the Board of Directors of the District dated January 5, 1987.
Councilwoman Kaywood asked that a letter of thanks be sent to Mr. Lenain for
the excellent and informative report and for the great Job he does
representing the City on the OCWD.
Mayor Bay wanted clarification relative to the ground water percentages that
Anaheim pumped as listed in the report. (It was determined that the Mayor
would talk to Mr. Lenain directly regarding the question).
MOTION: Councilwoman Kaywood moved to receive and file the OCWD 1986 Report.
Councilman Pickler seconded the motion. One Vacancy. MOTION CARRIED.
37
City Hall, Anaheim, California - COUNCIL MINUTES - January 13, 1987, 10:00 A.M.
173: PROPOSED CHANGES TO LOS ALAMITOS ARMED FORCES RESERVE CENTER AS A
DISASTER SUPPORT AREA: Authorizing the Mayor to send a letter to elected
representatives in Washington stating the City's concerns and opposition to a
proposal to change the use of the Los Alamitos Armed Forces Reserve Center.
Submitted was report dated January 5, 1987 from William Sell,
Intergovernmental Relations Officer, recommending that the Mayor express the
City's concerns regarding proposed changes and the anticipated impact these
changes will have on the City's emergency management/response program the
proposed changes to Los Alamitos Arm Forces Reserve Center as a Disaster
Support Area to elected representatives in Washington.
Mayor Bay. He removed the item from the Consent Calender but is not taking a
position one way or the other; however, the situation was confusing to him and
perhaps to the City's representatives in Congress. The Council has been
strongly opposed to the flights where they pass over Anaheim and have been
working with Congressman Dannemeyer to get something done about those heavy
helicopter training flights over, in and around the City. Now there is a
proposal from the Government that the use of Los Alamitos may be changed and
the City is being asked to oppose the change on the basis that Anaheim wants
to keep it as a Disaster Center. He was concerned that two different messages
are being sent.
William Sell, Intergovernmental Relations Officer. He has spoken with
Congressman Dannemeyer's staff and the Congressman is looking for an
alternative to the helicopter problem whether it be simulators or other
training routes or Naval Housing. In August of 1986 Congressman Dannemeyer
asked that a study be conducted. He (Sell) called to express concern about
the use of the Base's Naval Housing and that the City's concern is still the
potential dangers of the Katella Corridor for helicopters. Congressman
Dannemeyer's intent was not to eliminate the Disaster Center but to get the
Arm Forces to look at alternatives.
Mayor Bay. He does not have a great deal of concern over changing Los
Alamitos Inter-Navy Housing but whether the Council wants to take the position
that it feels more strongly about retaining the base as a Disaster Center then
doing something about the helicopter flights. He does not feel the City can
have both.
Councilwoman Kaywood. She has no problem with this. The simulators are
sophisticated enough to get the feeling of actual flight for training. She
was in favor of sending the proposed letter.
Mayor Bay. He suggested that the letter be amended to include a couple of
paragraphs indicating that even though the City is very concerned and wants to
retain a Disaster Center, Anaheim has not changed its position on the
helicopter and aircraft flights over, in and around the City. If that is
added to the recommendation, he can support it.
MOTION: Councilman Bay moved that the Mayor be authorized to send a letter to
elected representatives in Washington stating the City's concern and
opposition to a proposal to change the use of the Los Alamitos Armed Forces
Reserve Center but expressing that the City wants to retain the basis as a
38
City Hall, Anaheim} California - COUNCIL MINUTES - January 13, 1987, 10:00 A.M.
Disaster Center and has not changed its position of opposition on the
helicopter and aircraft flights over and in and around the City. Councilman
Pickler seconded the motion. MOTION CARRIED.
155/175: NEGATIVE DECLARATION - COMBUSTION TURBINE GENERATION UNIT AT 1144
NORTH KRAEMER: Adopting a negative declaration for the construction and
operation of a combustion turbine generation unit at 1144 North Kraemer, to be
used for peaking capacity by the Utilities Department. Submitted was report
dated January 5, 1987 from the Public Utilities General Manager recommending
the adoption of a negative declaration status of environmental impacts for the
operation and construction of the subject combustion turbine.
City Manager William Talley asked that the matter be trailed until 1:30 p.m.
since it could have been interpreted as a public hearing when it was
advertised; the matter was trailed.
Later in the meeting (2:45 p.m.) Mayor Bay asked if there was any public input
with regard to the subject negative declaration; there was no response.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. One Vacancy. MOTION CARRIED.
105: APPOINTMENT TO UNEXPIRED TERMS ON THE LIBRARY BOARD: Appointment to
unexpired term on Library Board ending June 30, 1989 (Schultz), and for the
term ending June 30, 1987 (Daly).
Mayor Bay opened nominations for appointments to the Library Board.
Councilman Hunter, being the liaison to the Library Board, nominated R. Davis
Taylor and Barbara B. Wharton.
There were no further nominations.
On motion by Councilman Pickler, seconded by Councilwoman Kaywood, nominations
were closed.
Councilman Bay moved that the nominees to the Library Board be appointed by
acclamation.
R. Davis Taylor and Barbara B. Wharton were thereupon unanimously appointed to
fill the unexpired terms on the Library Board - Mr. Taylor for the term ending
June 30, 1989 and Mrs. Wharton for the term ending June 30, 1987.
175: APPEAL OF WATER FACILITY FEES - OAK HILLS LTD.: Request by James W.
Dennehy, Oak Hills Ltd. - appeal to exempt an office building development from
ayment of the Stadium Business Center water facilities fee in the amount of
67,566.40. This matter was continued from the meeting of January 6, 1987, to
39
City Hall, Anaheim, California - COUNCIL MINUTES - January 13~ 1987, 10:00 A.M.
this date at the request of the appellant. A report had been submitted dated
December 29, 1986 from the Public Utilities General Manager, recommending
denial of the appeal.
City Clerk Sohl announced that another letter had been received from Mr.
Dennehy, requesting a further continuance to January 27, 1987.
MOTION: Councilman Pickler moved to continue the appeal of water facilities
fee submitted by Oak Hills Ltd., to Tuesday, January 27, 1987. Councilman Bay
seconded the motion. MOTION CARRIED.
105: RATIFICATION OF APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION:
Councilwoman Kaywood moved, (1) to ratify the appointment of Steven H. Stavely
as the Magnolia School District's representative on the Parks and Recreation
Commission as requested by Arch J. Haskins, Superintendent of the District
and, (2) to ratify the appointment of Dr. Sandy Englander as the Orange
Unified School District's representative on the Parks and Recreation
Commission as requested by John Ikerd, Acting Superintendent of the District.
Councilman Pickler seconded the motion. MOTION CARRIED.
114/142: PROPOSED CHANGE IN COUNCIL MEETING TIME: Councilman Hunter referred
to the proposal he made at the meeting of January 6, 1987 relative to the
subject. It appears that the majority of the Council Members are in agreement
to change the time. The amendment to the ordinance drafted by the City
Attorney provides that the Council meeting start at noon but he assumes that
Closed Session will start at noon and the Council meeting at 1:30 p.m.
City Attorney Jack White stated he drafted the ordinance to anticipate the
discussion today so that the Council can change the time and day any way they
wanted to. The discussion last week was that Closed Session be held at noon
and that the public portion would commence at 1:30 p.m. It is important to
note that before for the Closed Session could commence, the meeting actually
has to be called to order. The ordinance would have to provide if Closed
Sessions are held first, the meeting would start at that time (12:00 noon) but
the Council would then immediately recess into Closed Session. Relative to
public hearing time, it would be the same as in the current Code provision.
The Code does not specify the time for public hearings. When public hearing
notices are sent out, they are set for a time certain. Those can be adjusted
however the Council wi~hes and the City Clerk instructed that notices sent for
public hearings be agendized, mailed and posted for that given time. Public
hearings could be set at 2:00, 2:30, 3:00, etc. It is not necessary that the
time be stated in the ordinance, just the time and place for the meeting to
begin.
Councilman Pickler stated he does not mind the change but one thing he did not
want to occur, since he is up by 6:30 or 7:00 a.m., if the Council found that
meetings were going 11:00 p.m. or 12:00 midnight, he would have problems with
that. This was a problem when he first served on the Council where some
meetings went from 1:30 p.m. until 11 p.m. or 12 midnight many nights. He
wanted Councilman Hunter to realize if this became a problem, that there might
be a possibility of a change to the ordinance in the future.
4O
Cit~ Hall~ Anahetm~ California - COUNCIL MINUTES - Januar~ 13~ 1987~ 10:00 A.M.
Councilman Hunter stated he was certain there were going to be some late
meetings but he felt going to a later meeting time would better serve the
public. If meetings continued late into the evening, at that time he would be
more than willing to review the hours again.
Councilman Hunter offered Ordinance No. 4795 for first reading.
ORDINANCE NO. 4795: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.010 OF SECTION 1.12.010 OF CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO MEETING OF THE CITY COUNCIL.
Councilwoman Kaywood concurred with the proposal and the change of meeting
time since she had served during the time when Council meetings were held at
different times, afternoons and evenings. This proposal was different in that
Closed Session would start at noon and which she also favored. Starting the
public session at 1:30 p.m. and public hearings at 3:00 p.m. is an excellent
way to work and would better serve the public. It would eliminate the
disruptive 1 1/2 hour break in between the morning and afternoon sessions and
members of the public having to wait during that period. There's no question
that the change will be much more convenient for the public.
Mayor Bay stated previously when he was working, the next morning after
meetings he would still have to get up at 5:00 a.m. which made it very
difficult when meetings the night before continued to 10:00, 11:00 or 12
midnight and sometimes 1:00 and 2:00 a.m. and with no dinner breaks at all.
He is not opposed to changing the time as long as it is understood it is a
trial to change the meeting time to noon with Closed Sessions from noon to
1:30 p.m. with public business starting at 1:30 p.m. and public hearings at
approximately 3:00 p.m. If a pattern developed where meetings started to run
very late, he is going to call a dinner break at 6:00 p.m.
City Attorney White explained for Councilwoman Kaywood that normally the
ordinance would take effect 30 days from the date of adoption which is
anticipated to take place on Tuesday, January 20, 1987. If Council wished to
start the proposed schedule sooner, since meetings are now scheduled at 10:00
a.m., the meeting could be called to order and adjourned until 12 noon by the
City Clerk.
Later in the meeting (3:24 p.m.), Councilman Bay moved that the t~me schedule
of city Council meetings starting with the meeting of Tuesday, February 3,
1987 be as follows: Convene the City Council meeting at 12:00 noon, recess to
Closed Session~ reconvene at 1:30 p.m for the public portion of the meeting
and that public hearings commence at 3:00 p.m. Councilman Hunter seconded the
motion. One Vacancy. MOTION CARRIED.
114: DISCUSSION - APPOINTMENT TO FILL A VACANCY ON THE CITY COUNCIL FOR THE
TERM EXPIRING NOVEMBER, 1988: City Clerk Sohl announced that she had received
requests from four people who wished to address the Council relative to the
subject.
Councilman Hunter. At this time, he would like to nominate William Ehrle to
be appointed to fill the vacancy left by Don Roth who was elected to the Board
41
City Ha!l~ Anaheim, California - COUNCIL MINUTES - January 13~ 1987, 10:00 A.M.
of Supervisors. Mr Ehrle received a few votes less than Fred Hunter in the
November 4, 1986 Election, or over 21,000 votes which he feels is a mandate of
the people. Mr. Ehrle is a second generation "Anaheimer". He is present
today with his mother and several people in the audience who are supporting
him for City Council. He then read letter dated January 12, 1987 from the
Anaheim Municipal Employees Association (AMEA), letter dated January 12, 1987
from the Anaheim Firefighters Association for Better Government (AFA) and
letter dated January 7, 1987 from the International Brotherhood of Electrical
Workers, Local 47, all endorsing Mr. Ehrle. There were also letters from
various community groups in the City. After additional comments, he urged
that the Council get on with City business, stop the divisiveness and appoint
Mr. Ehrle.
Councilman Pickler. He has a list of nominees. In the last Election there
were three winners and they are serving on the Council. It has been said that
a precedent has been set by appointing a runner-up in an Election to the
Council if there is a vacancy. That has not taken place in the City in its
entire history. Mayor Bay was fourth in the Council race in 1976 when two
seats were open and he was appointed in 1979. The same situation occurred
with Councilman Roth. He does not believe there is a mandate. He also
resents the fact that Councilman Hunter has gone out and talked to groups such
as the AMEA, AFA and other groups to support a certain candidate. That is not
the way to do it. He (Pickler) is here to represent 238,000 citizens and
21,000 people do not represent that entire group. If it is necessary to go to
a Special Election, that is what he will favor. He has names of people to
propose who have a reputation of working and living in the City of Anaheim not
in and out of it with the idea of coming back at an opportune time. The City
needs a quality person with experience and integrity who is independent and
not aligned to any special groups or individual. He has the names of about 15
people who would do an excellent Job that would solidify the Council - people
who would have a mind of their own to do what they will and not the will of
others.
Councilman Pickler nominated James Riley, a 32 year resident of the City of
Anaheim and former Fire Chief. He then elaborated on other qualifications of
Mr. Riley.
Councilwoman Kaywood. She had questions relative to the anonymous letter that
was sent out to registered voters, the wanted to know who the ACT group wa~,
the names of the people involved, where does the P.O. Box go, where is the
money coming from, is this Political Action Committee (PAC) the same group as
COAL in 1976 or before, are reports on file, is the candidate paying for the
letter, did Mayor Bay see the mail come in, are all the letters going to be
presented or only the favorable ones, were any discarded, etc. She then read
excerpts from the Council minutes of the meeting of December 16, 1986 wherein
Mayor Bay stated there was a precedent in the City for choosing the runner-up
in the Election to serve on the Council. However, it turns out that the
precedent is exactly the opposite and there has never been an appointment made
to the Council of a candidate who was a runner-up in an Election. She asked
Mayor Bay if he wanted to go with the precedent or reverse himself and not go
with the precedent.
42
City Hall, Anaheim, California - COUNCIL MINUTES - January 13, 1987, 10:00 A.M.
After further discussion, between Mayor Bay and Councilwoman Kaywood, the name
of Joanne Stanton was placed in nomination by Councilwoman Kaywood, a
long-term resident of Anaheim who is presently serving on the Anaheim Union
High School Board and the Redevelopment Commission.
Councilwoman Kaywood asked Mayor Bay if he was going to nominate someone;
Mayor Bay answered that he had not planned to do so although he could offer
his second to the nomination of Bill Ehrle which he thinks is the answer to
the problem. His mind has not been changed. He then stated he would like to
take public input at this time.
Carol Lowe, 250 East Romneya. She first submitted and then read letter dated
November 22, 1986 written by her and her husband and signed by 171 residents
of the City favoring the appointment of Bill Ehrle to the City Council. She
also presented 7,242 letters containing 11,546 signatures on behalf of the
voters of Anaheim who have asked what they feel is a mandate to appoint Bill
Ehrle to the Council. She feels the large number of letters and signatures
indicates that a Special Election has already been held at no cost to the
taxpayers and would appreciate the Council's unanimous decision and vote of
confidence for Mr. Ehrle. (The letters were presented - on file in the City
Clerk's Office). In addition, another 300 letters were received in the mail
this morning but a tabulation had not been made as yet.
Councilwoman Kaywood wanted to know how many people were opposed, the people
who did the tabulating, were the letters presented all those received or just
the pros, etc.
Mrs. Lowe answered she did not know who is opposed and who was in favor and
Councilwoman Kaywood would have to talk to the people in charge of the
tabulation. The Anaheim Coalition of Taxpayers sent out the letter and she
was simply asked to submit them. She is not certain who did the tabulating
and the Mayor would have to ask someone in the audience who was responsible
for the tabulation. She was not involved in the tabulation. She does know
that they did take all the pros and cons. The total number of signatures is
all the information that she has been given.
Mr. Howard Richey, 1§55 Palais, Anaheim. He is speaking for the group of
taxpayers and over 200 homeowners known as the Anawood residents. He then
read and submitted letter dated January 13, 1987 wherein the Anawood residents
urged the Council to appoint Mr. Ehrle to the vacancy.
Mr. Walter Bormann, 2700 West Ball Road. He is representing himself as an
interested citizen. He suggested a change in the City Charter or ordinance
that would prevent an Elected official from running for another Office while
serving a current term to which he was elected. If Councilman Roth had not
resigned his seat to run for Orange County Supervisor, the present situation
would not have occurred. If a person decides to run for another Office and
the term of Office begins the following January and the current term continues
for two more years, he feels that seat should automatically become vacated the
day before the Election.
43
City Hall~ Anaheim, California - COUNCIL MINUTES - January 13~ 1987, 10:00 A.M.
Tony Mangiamelli, 320 North Park Vista. He spoke on behalf of Bill Ehrle to
fill the vacancy on the Council. He has been authorized by a mandate to serve
just as the seated Council Members.
Mr. Fred Brown, 104 South Milton, Anaheim. He is deeply concerned about the
future of the Council and the community if Mr. Ehrle is appointed to fill the
vacancy. He questioned Mayor Bay's motive which had not been discussed today
but it was discussed in a phone conversation with him (Brown) after the recent
Election wherein he stated that Mayor Bay indicated he felt strongly he had to
support Mr. Ehrle because his campaign committee had made a strong effort on
Mayor Bay's behalf to be elected. Mayor Bay also indicated he would do
everything in his power to ensure the appointment should Mr. Ehrle not have
been the elected winner. There is no precedent for appointing a runner-up.
It is his impression that the appointment of Mr. Ehrle is one of political
convenience and a campaign debt which, if true, is not in the best interest of
the City. After further comments regarding Mr. Ehrle, Mr. Brown stated he is
not before the Council as a past candidate having been a runner-up and seeking
their support. A mandate is a mandate, and 21,000 votes in his opinion is not
a mandate of the community at large. He urged the Council to consider all of
the names and find a majority between them.
Mrs. Ehrle, (Bill Ehrle's Mother). She spoke on behalf of her son and asked
that some of the comments made by Mr. Brown about her son be taken off the
record.
Mr. Rick Vaught. He has been an Anaheim resident for 15 years, (no address
given) a U.S. Military Veteran, a graduate of Cal State Fullerton, Anaheim
Businessman and Realtor. He feels his position, his residency in the City,
his activities in and love of the City of Anaheim places him in good stead to
serve. He thereupon submitted his name in nomination for appointment to fill
the vacant seat on the City Council.
Mayor Bay closed the public input.
Councilman Pickler stated he had other names to place in nomination. He is
not aligned with anyone. Between now and the end of the month he will place
all 15 names in nomination. At this time, he nominated Bill Taormina, a
life-time resident and businessman in the City who has been actively involved
in the community.
Councilman Hunter interjected, expressed his fondness for Mr. Taormina, but
questioned since Mr. Taormina was under contract with the City if there would
not be a conflict of interest. He wanted to know if Councilman Pickler had
contacted Mr. Taormina and was he willing to step down from his trash disposal
business.
Councilman Pickler answered that he had talked with Mr. Taormina relative to
that matter. He is willing to serve as well as the other names he has to
place in nomination. He then nominated another life-time resident of the
City, Tom Daly, past Chairman of the Anaheim Library Board, a member of the
Anaheim Union High School District Board, involved in VISION 2000, an Anaheim
and subsequently a Harvard graduate. Those were his nominations for today
although he had others.
44
121.
City Hall~ Anaheim~ California - COUNCIL MINUTES - January 13~ 1987~ 10:00 A.M.
Councilwoman Kaywood nominated Mr. Leonard Lawicki, a 20-year resident of
Anaheim, currently a City Planning Commissioner, Anaheim Businessman and past
President of the Chamber of Commerce.
After further discussion, Councilwoman Kaywood asked for a vote on the
nominees; Mayor Bay assumed that the nominations would be taken in the order
which they were presented. The first nomination was by Councilman Hunter
nominating Bill Ehrle, the second was James Riley (Pickler), the third Joanne
Stanton (Kaywood), the fourth William Taormina (Pickler), the fifth Tom Daly
(Pickler) and the sixth Leonard Lawicki (Kaywood).
A vote was then taken on the nomination of Bill Ehrle to fill the vacant
Council seat and failed to carry by the following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS: Hunter and Bay
NOES: COUNCIL MEMBERS: Pickler and Kaywood
ABSENT: COUNCIL MEMBERS: None
VACANCY COUNCIL MEMBERS: One
Mayor Bay then stated if it will save time, that was his only positive vote;
Councilman Pickler asked that a vote be taken on each nominee in the order in
which nominations were made.
Councilman Hunter stated he, too, felt it would save time because he made his
commitment to Mr. Ehrle and was unequivocal. He wanted only one vote taken on
the list of the nominees. His position is going to be no because he has voted
for Mr. Ehrle.
Councilman Pickler stated that is what bothers him, commitments. He did not
believe the Council should be committed to any individual or special interest
group. He thereupon placed James Riley's name in nomination for a vote and
asked for a commitment yes or no.
Mayor Bay then asked the City Attorney for a ruling if two members on the
Council did not agree with going on with Roll Call Votes on all the names and
two wanted to vote.
City Attorney White stated the City Council controls its process and
procedures. There is nothing in any law that dictates or mandates nor has the
Council adopted a set of procedures such as Robert's rules of order that would
dictate how the Council is required to conduct nominations or appointments.
The Council has not established any legal limitations that would impede the
way the Council proceeds. There are names in nomination. From that
standpoint if the Council did not want to vote on those the Council by motion
can defer action. That would be the way to handle the matter. If the Council
cannot by motion agree to defer action, then his recommendation would be to
proceed with the process.
Mayor Bay asked that the nominations be called in the order they were made.
45
City Nmll, Anaheim, California - COUNCIL MINUTES - January 13~ 1987, 10:00 A.M.
A vote was then taken on the nomination of James Riley and failed to carry by
the following vote:
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBEKS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler and Kaywood
Hunter and Bay
None
One
A vote was then taken on the nomination of Joanne Stanton and failed to carry
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBEKS:
VACANCY: COUNCIL MEMBERS:
Pickler and Kaywood
Hunter and Bay
None
One
A vote was then taken on the nomination of William Taormina and failed to
carry by the following vote:
AYES: COUNCIL MEMBEKS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler and Kaywood
Hunter and Bay
None
One
A vote was then taken on the nomination of Tom Daly and failed to carry by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBEKS:
ABSENT: COUNCIL MEMBERS:
VACANCY: One
Pickler and Kaywood
Hunter and Bay
None
A vote was then taken on the nomination of Leonard Lawicki and failed to carry
by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler and Kaywood
Nunter and Bay
None
One
Councilman Pickler suggested that the matter of an appointment to the vacant
Council seat be placed on the agenda again in a couple of weeks.
After discussion between Council Members on when the matter would again be
discussed, it was determined the discussion to consider an appointment to fill
a vacancy on the City Council be placed on the Council agenda of January 27,
1987, inasmuch as one member would be absent next week. Additionally the
Council agreed not to attempt to make an appointment to the Council Vacancy
unless all four were present.
46
City Hall, Anaheim, California - COUNCIL MINUTES - January 13~ 1987, 10:00 A.M.
152/160/142: ORDINANCE NO. 4794: Councilman Pickler offered Ordinance No.
4794 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4794: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION
1.04.315 TO CHAPTER 1.04 OF TITLE 1 RELATING TO PURCHASING AGENT'S AUTHORITY
TO SELL SURPLUS PERSONAL PROPERTY. (Adding new Section 1.04.315, relating to
Purchasing Agent's authority to sell surplus personal property having a value
not to exceed $50,000)
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
VACANCY: COUNCIL MEMBERS:
Pickler, Hunter, Kaywood and Bay
None
None
One
The Mayor declared Ordinance No. 4794 duly passed and adopted.
144: JOINT POWERS AUTHORITY (JPA) - EASTERN/FOOTHILL CORRIDORS: Mayor Bay
reported on the January 8, 1987 JPA Committee meeting held in Santa Ana City
Hall. The JPA is now complete with the swearing in of the City of Irvine
consisting of eight cities and the County. He also made some new Committee
assignments at that meeting and the Committees will be meeting between now and
the February meeting. He foresees a number of things happening much sooner
than the people expected relative to the Eastern and Foothill Corridors.
RECESS - CLOSED SESSION: Mayor Bay announced that a Closed Session would be
held to confer with the City Attorney regarding:
(a) Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
Orange County Superior Court Case No. 40-92-46.
(b) Labor Relations matters - Government Code Section 54957.6.
(c) Potential Litigation pursuant to Government Code Section
54956.9(c).
(d) P.rsonnel matters - Government Code Section 54957.
Councilman Bay moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED.
(12:42 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (2:45 p.m.)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2856 AND NEGATIVE
DECLARATION:
APPLICANT:
George Chris Heed - Heed Family Trust
7122 Westminster Avenue
Westminster, Ca. 92683
47
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City Hall~ Anaheim, California - COUNCIL MINUTES - January 13, 1987, 10:00 A.M.
REQUEST/ZONING/LOCATION: To permit retail sales of applicant's product line
in conjunction with applicant's primary permitted uses on ML zoned property
located at 1830 South Anaheim Boulevard (Pleasure House Boutique), with the
following Code waivers: (a) Dedication of right-of-way, (b) minimum
dimensions of vehicle accessways, (c) minimum number of parking spaces, (d)
permitted accessory uses, (e) minimum structural setback and yard
requirements, (f) required improvement of parking areas.
PLANNING COMMISSION ACTION: Resolution No. PC86-286 denied Conditional Use
Permit No. 2856, approved EIR - Negative Declaration.
HEARING SET ON:
Appealed by Robert A. Sarno, Attorney for Jerry Deming (agent).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 1, 1987.
Posting of property January 2, 1987.
Mailing to property owners within 300 feet - December 31, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated November 24, 1986.
City Clerk Sohl announced that letter dated January 9, 1987 from Robert Sarno,
Attorney for Jerry Deming had been received requesting a continuance of the
public hearing.
Mayor Bay first asked if anyone was present in the Chamber audience who wished
to speak; two people raised their hand. They then indicated that they could
return should the public hearing be continued to another date.
Councilman Pickler moved to continue the public hearing to February 3, 1987.
Councilwoman Kaywood seconded the motion.
Before action was taken, a Mr. Clyde DeWitt, Attorney, Brown, Weston & Sarno,
representing Mr. Deming stated he was not certain of Mr. Sarno's schedule but
for him, February 3, 1987 would be a problem. Any other Tuesday after that
would not.
Mr. Bhakta, 1836 South Anaheim Boulevard, who was present relative to the
public hearing stated he would be present on February 10, 1987. His business
is located next to the Pleasure House Boutique.
Councilman Bay moved to continue the public hearing to Tuesday, February 10,
1987 at 3:00 p.m. Councilman Pickler seconded the motion. One Vacancy.
MOTION CARRIED.
179: PUBLIC HEARTNG - VARIANCE NO. 3621 AND NEGATIVE DECLARATION:
APPLICANT:
Kennedy and Hause
2850 "A" Gretta Lane
Anaheim, Ca. 92806
48
City Hall, Anaheim, California - COUNCIL MINUTES - January 13, 1987, 10:00 A.M.
REQUEST/ZONING/LOCATION: To retain a manager's unit in an existing 15-unit
apartment complex on RM-1200 zoned property located at 210 West Vermont
Street, with the following Code waivers: (a) Minimum site area per dwelling
unit, (b) minimum number of parking spaces.
PLANNING COMMISSION ACTION: Resolution No. PC86-290 denied Variance No. 3621;
approved EIR - Negative Declaration.
HEARING SET ON:
Appealed by Scott C. Vos, Kennedy & Hause.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin January 1, 1987.
Posting of property January 2, 1987.
Mailing to property owners within 300 feet - December 31, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated November 24, 1986.
Mayor Bay asked if the applicant or agent was present; there was no response.
One one was present to speak to the item.
Councilman Pickler.
Since the afternoon session was late in starting, he recommended
a continuance of the public hearing.
MOTION: Councilman Bay moved to continue the public hearing on Variance
No. 3621 and Negative Declaration therefore to Tuesday, January 20, 1987 at
1:30 p.m. and that the applicant be contacted relative to the continuance.
Councilwoman Kaywood seconded the motion. One Vacancy. MOTION CARRIED.
PUBLIC INPUT: Mayor Bay announced those persons who wished to address the
Council relative to items under the Council's Jurisdiction may do so at this
time. (3 minute time limit - 10 minutes per subject).
Mr. Richard Russo, 609 North Ventura, Apartment No. 2, Anaheim.
He had coffee at the "Dad" Miller Golf Course every day. He
offered to organize a group of private citizens who would
contribute funds to that course in order to remodel the interior
and exterior of the Club House.
Mr. Russo was directed to present his idea to the Golf Course
Commission and information on who to contact could be provided
by the City Clerk's Office.
RECESS - CLOSED SESSION: Councilman Pickler moved to recess into Closed
Session. Councilwoman Kaywood seconded the motion. One Vacancy. MOTION
CARRIED. (3:02 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. One Vacancy. (3:24 p.m.)
49
City Hall, Anahe~ California - COUNCIL MINUTES - January 13~ 1987, 10:00 A.M.
ADJOURNMENT:
It was at this time that the new starting time for Council meetings was
clarified and confirmed to commence Tuesday, February 3, 1987 (see Item 5,
Page 5)
Councilman Pickler moved to adjourn. Councilman Bay seconded
the motion. One Vacancy. MOTION CARRIED. (3:36 p.m.)
LEONORA N. SOHL, CITY CLERK
5O